Assembly Bill A3798

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3798

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. TENNEY, FINCH, HAWLEY, KOLB, PALMESANO -- Multi-
  Sponsored by -- M. of A. CROUCH --  read  once  and  referred  to  the
  Committee on Codes

AN  ACT  to  amend  the criminal procedure law, in relation to orders of
  bail or recognizance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of subdivision 2 of section 530.20 of the
criminal procedure law, as amended by chapter 531 of the laws  of  1975,
is amended to read as follows:
  (a)    A  city  court,  a  town court or a village court may not order
recognizance or bail when (i) the defendant is charged with  a  class  A
felony,  or  (ii)  it appears that the defendant has two previous felony
convictions, OR (III) IT APPEARS THAT THE  DEFENDANT  POSES  A  RISK  OF
DANGER TO THE COMMUNITY;
  S 2. Subdivision 2 of section 530.30 of the criminal procedure law, as
amended  by  chapter  762  of  the  laws  of 1971, is amended to read as
follows:
  2.   Notwithstanding the  provisions  of  subdivision  one,  when  the
defendant is charged with a felony in a local criminal court, a superior
court  judge  may  not  order  recognizance or bail unless and until the
district attorney has had an opportunity to be heard in the  matter  and
such judge has been furnished with a report as described in subparagraph
(ii)  of  paragraph  (b)  of  subdivision  two of section 530.20, AND IT
APPEARS THAT THE DEFENDANT POSES NO RISK OF DANGER TO THE COMMUNITY.
  S 3. Section 530.40 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO, A SUPE-
RIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL WHEN THE DEFENDANT POSES A
RISK OF DANGER TO THE COMMUNITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07492-01-5

              

A. 3798                             2

  S 4. Section 530.45 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION ONE, THE COURT MAY
NOT ORDER RECOGNIZANCE OR BAIL WHEN THE DEFENDANT POSES A RISK OF DANGER
TO THE COMMUNITY.
  S 5. Section 530.50 of the criminal procedure law, as amended by chap-
ter 264 of the laws of 2003, is amended to read as follows:
S 530.50 Order of recognizance or bail; during pendency of appeal.
  A judge who is otherwise authorized  pursuant  to  section  460.50  or
section  460.60  to  issue  an order of recognizance or bail pending the
determination of an appeal, may do so unless the  defendant  received  a
class  A felony sentence or a sentence for any class B or class C felony
offense defined in article one hundred thirty of the penal law committed
or attempted to be committed by a person eighteen years of age or  older
against a person less than eighteen years of age, OR THE DEFENDANT POSES
A RISK OF DANGER TO THE COMMUNITY.
  S 6. Subdivision 1 of section 530.60 of the criminal procedure law, as
amended  by  chapter  565  of  the  laws  of 2011, is amended to read as
follows:
  1. Whenever in the course of a criminal action or proceeding a defend-
ant is at liberty as a result of an order of recognizance or bail issued
pursuant to this chapter, and the court considers it necessary to review
such order, it may, and by a bench warrant  if  necessary,  require  the
defendant  to  appear before the court. Upon such appearance, the court,
for good cause shown, may revoke the order of recognizance or  bail.  If
the  defendant is entitled to recognizance or bail as a matter of right,
the court must issue another such order. If he or she is not, the  court
may either issue such an order or commit the defendant to the custody of
the  sheriff.  Where  the  defendant  is committed to the custody of the
sheriff and is held on a felony complaint, a new period as  provided  in
section  180.80  of  this chapter shall commence to run from the time of
the defendant's commitment under this subdivision.   UPON  REVIEW  UNDER
THIS  SUBDIVISION, THE COURT MAY NOT ORDER RECOGNIZANCE OR BAIL WHEN THE
DEFENDANT POSES A RISK OF DANGER TO THE COMMUNITY.
  S 7. This act shall take effect immediately.